Public law, private law, and legal science
| Abstract | This essay explores the historical and conceptual connections between private law and nineteenth century classical legal science from the perspective of German, American, and Jewish law. In each context, legal science flourished when scholars examined the confined doctrines traditional to private law, but fell apart when applied to public, administrative and regulatory law. Moving to the contemporary context, while traditional private law scholarship retains a prominent position in German law and academia, American law has increasingly shifted its focus from the language of substantive private law to a legal regime centered on public and procedural law. The essay concludes by raising skepticism over recent calls to reinvigorate the Euro-American dialogue by focusing on traditional private law and scholarship. | |||||||||
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Similar books and articlesJoseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
William Lucy (2007). Philosophy of Private Law. Oxford University Press.
Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
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